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T HE L AW R EFORM C OMMISSION OF H ONG K ONG REPORT G UARDIANSHIP OF C HILDREN This report can be found on the Internet at: < ; January 2002
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The Law Reform Commission was established by the Executive Council in January 1980. The Commission considers such reforms of the laws of Hong Kong as may be referred to it by the Secretary for Justice or the Chief Justice. The members of the Commission at present are: The Hon Ms Elsie Leung Oi-Sie, JP, Secretary for Justice (Chairman) The Hon Mr Justice Andrew Li, Chief Justice Mr Tony Yen, SBS, JP, Law Draftsman Hon Mr Justice Bokhary, PJ Mr Anthony Chow Mr Victor Chu Lap-lik Ms Betty Ho Mr Alan Hoo, SC Mr Kwong Chi Kin Dr Lawrence Lai, JP Hon Mrs Sophie Leung, SBS, JP Mr David Smith The Secretary of the Commission is Mr Stuart M I Stoker and its offices are at: 20/F Harcourt House 39 Gloucester Road Wanchai Hong Kong Telephone: 2528 0472 Fax: 2865 2902 E-mail: [email protected] Website:
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T HE L AW R EFORM C OMMISSION OF H ONG K ONG Report Guardianship of Children _______________________________________ CONTENTS Page Preface 1 1. Guardianship of children in Hong Kong 4 Introduction 4 The meaning of "guardianship" 4 Historical context 5 The concept of guardianship today 5 Guardianship in practice 6 The guardianship provisions of the Guardianship of Minors Ordinance (Cap 13) 7 Scope of the ordinance 7 Matters for the court to consider 7 The application of the welfare principle 8 Parental rights and authority 10 Appointment of guardians 11 Removal of surviving parent as guardian 12 Surviving parent's objections 13 Unmarried father 13 Grandparents caring for child born outside marriage 14 Disputes between joint guardians 15 Guardian of the estate 16 Powers of the Director of Social Welfare 16 i
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Page Other provisions relating to guardianship 17 Proceedings concerning a minor 17 Guardianship and wardship 18 Duties of the Official Solicitor 18 Consent to marry 19 2. Problems with the law 20 Introduction 20 Appointment of guardians 20 Disclaimer 21 Veto of the surviving parent 21 Court appointment of guardian 21 Appointment of guardian by guardian 22 Guardian of the estate 22 3. The law of guardianship in other jurisdictions 23 Introduction 23 England and Wales 23 Parental appointment of guardians 24 When the appointment takes effect 24 Method of appointment 26 Revocation of appointment 26 Disclaiming the appointment 27 Court appointment of guardians 27 Removal of guardians 27 Termination of guardianship 28 Guardian of the estate of a child 28 Scotland 29 Appointment of guardians by parent 29 Appointment by existing guardian 30 Views of child on appointment of guardian 30 Revocation of appointment 30 When appointment should take effect 31 Surviving parent 31 Responsibilities and rights of guardians 32 Termination of guardianship 33 ii
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Page 4. Recommendations for reform 34 Introduction 34 Appointment of guardians 34 Disclaimer 36 Veto of surviving parent 38 Views of the child on appointment of guardian 39 When appointment of guardian takes effect 40 Court appointment 42
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  • Spring '14
  • KimberlyK.Boone
  • Law, Sula, Parent, Guardian, Child custody

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